The Constitution

In the early 1920s, the League of Nations requested that the French
Mandate authorities devise a law for Lebanon in cooperation with the
native leaders and in harmony with the wishes and interests of the
diverse religious sects. Accordingly, in July 1925 the French government
appointed a commission, which by May 15, 1926, had prepared a draft
constitution. The Representative Council, an elected body of Lebanese
leaders sitting as a constituent assembly, adopted the draft
constitution on May 23.

Although many Lebanese historians and politicians have claimed that
the Constitution was designed primarily by local leaders to reflect
purely Lebanese interests, the minutes of the constituent assembly
reveal the major role of the French representative. He had the power to
veto any modification to the draft, and he also controlled the agenda.
In reaction to France's dominance, Muslim representatives made it clear
during the meetings that they were against the very idea of expanding
the limits of mostly Christian Mount Lebanon to create Greater Lebanon
incorporating Muslim areas and insisted that the record show their
reservations.

When completed, the Constitution was divided into six parts, one of
which contained four articles relating to the French Mandate and the
League of Nations. By these articles, France retained full political
control over the country. In theory, France's high commissioner was
charged with advisory and supervisory functions in normal times; in
practice, he exercised supreme power. Army troops under French control
were stationed throughout the country. Although their ostensible role
was to keep the high commissioner informed of the local political
situation, in fact they exerted a great deal of influence on the local
administration. Thus, between 1926, when the Constitution was adopted,
and 1946, when the French finally handed over all functions of state,
France, not local officials, exercised control over implementation of
the Constitution. The high commissioner, in fact, suspended the
Constitution several times during the 1932-37 period and again at the
beginning of World War II.

The Constitution stresses freedom and equality, although with some
limitations. All Lebanese are guaranteed the freedoms of speech,
assembly, and association "within the limits established by
law." There are also provisions for freedom of conscience and the
free exercise of all forms of worship, as long as the dignity of the
several religions and the public order are not affected.

Clearly, there are inherent contradictions within the Constitution.
Even though articles 7 and 12 provide for equality of civil and
political rights and equal access to public posts based on merit,
Article 95 affirms the state's commitment to confessionalism, but
without setting forth how it is to be applied. Article 95, in effect,
legitimizes the National Pact.

Amendments to the Constitution may be initiated by the president of
the republic or by a resolution of at least ten members of the Chamber
of Deputies. The Chamber of Deputies, by a two-thirds majority, can
recommend an amendment. However, the president and his cabinet, who
together constitute the Council of Ministers, have veto powers, which
can be overridden only by a complex procedure of the Chamber of
Deputies. The most significant amendments were promulgated in 1943, when
all references to the French Mandate were expunged and Arabic was
designated the nation's official language.

Attempts to amend the Constitution have met with both favor and
controversy. In 1949 the Constitution was amended to allow President
Bishara al Khuri (also cited as Khoury) to succeed himself. Nine years
later, however, when unpopular president Camille Shamun (also cited as
Chamoun) sought an amendment that would allow him to succeed himself,
vigorous opposition throughout the country prevented him from doing so.